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Myanmar: Updates on Trade Mark Procedures

Whilst the long awaited landmark changes to IP laws in Myanmar are yet to be finalised, the Deed Registration Law 2018 has been enacted by the Union Parliament of Myanmar. The salient features under this law are enumerated herein below:

(i) The language of the documents filed must be in the Myanmar Language.
(ii) Documents filed in a foreign language must be accompanied by a translation which must be notarised in Myanmar together with the requisite certification from a Myanmar Notary Public.
(iii) The trademark application must be accompanied by a Declaration stating that the Applicant is the creator of the trademark and that the trademark in question does not copy in part or in its entirety, a trademark owned by a third party. In addition, the Declaration must also state that the Applicant is unaware of use of the said trademark by any other entity (or entities) in respect of any goods or services.
(iv) The trademark being applied for registration must be used on the goods/services that the Applicant is currently offering to consumers.

However, it remains to be seen if this new law will be enforced exactly in the manner enacted, by the Registry.

In February 2018, the Upper House of the Myanmar Parliament passed the Trademark Bill but the Bill is now pending before the Lower House. There appear to be indications that the Bill may be approved in 2019. Once approved, Myanmar’s trademark laws will conform to a greater degree with international standards and will offer a broader scope of protection to IP owners.

This article was first published in the December 2018 edition of Law, Lore & Practice.

By Denise Mirandah

 

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